MINUTES OF A REGULAR COUNCIL MEETING, MONDAY, JANUARY 13, 1997

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, MONDAY, JANUARY 13, 1997 AT 7:00 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Waldorf called upon Greg Shephard for a statement regarding the proposed Kent Woodlands development. Mr. Shephard stated that an agreement had been reached with Cobble Ridge neighborhood and that the applicant was requesting that the hearing be reopened on January 27^th. David McGrain, president of the Cobble Ridge neighborhood association, said that his neighborhood had no objection to this arrangement.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CONTINUE THE PUBLIC HEARING ON THE KENT WOODLANDS DEVELOPMENT TO JANUARY 27^TH AT 7:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Public Forum on Hudson-McDade House

Mr. Horton presented an overview of the proposal and noted that Tom Heffner was in attendance to answer any questions by the Mayor and Council Members.

Lee Corum said the Historic District Commission recommended that the Hudson-McDade house be relocated to parking lot number five. He added that the Commission felt that Parking lot #3 was too far removed from the downtown area and would take away from the house’s historic significance.

Roland Giduz suggested that the Council consider the possibility of moving the original brick portion of the building a short distance to the corner of the University Square property. He stated that this alternative would be much less expensive and more practical than other proposed alternatives.

Pauline Grimson said she hoped that the Council would consider relocating the house to parking lot number five. Ms. Grimson stated that the house was a valuable asset to the community and was important in continuing to preserve the Town’s village atmosphere.

Nancy Preston said she was very grateful that the question before the Council was how to save the Hudson-McDade house, rather than whether or not to save the house. She suggested that the Council authorize moving of the house to lot number five for possible future use as offices or a welcome center. Ms. Preston said she trusted that the Council would find a good resolution of this matter.

Betsy Pringle urged the Council to honor the Town’s history by preserving the historic Hudson-McDade house as a historic landmark in the downtown area.

Joe Simpson stated that the historical significance of the house outweighed any potential commercial gain by a developer. Mr. Simpson said that any developers wishing to develop on parking lot number five should be able to incorporate the Hudson-McDade house into their plans. Mr. Simpson also said he hoped that the Council would strongly consider parking lot number five for relocation of the Hudson-McDade house.

Archie Purcell, president of FGI, said his firm supported the preservation of the Hudson-McDade house, said although he felt that relocation of the house to parking lot number three would be the most viable alternative, he would not be opposed to relocation of the house to lot number five.

Antoine Puech said that relocating the Hudson-McDade house to parking lot number five would have a negative impact on the value of this property. Mr. Puech said it was not in the Town’s economic interest to move the house to this location. He stated that parking lots two or three were the most viable locations for relocating the house.

Lynn Pfeffercorn, immediate past president of the Chapel Hill Preservation Society, stated that the parking lot number three site was a little cramped as a site for the Hudson-McDade house. She urged the Council to approve relocation of the house to parking lot number five.

Charles Gartner, a downtown business and property owner, said that the downtown area needed a parklike setting. Mr. Gartner also said he urged the Council to cautiously use parking lot number five as the future site of the Hudson-McDade house.

Mayor Waldorf said that without the public spiritedness of Mr. Heffner, the Council would not be having such a positive discussion about the matter. Council Member Andresen inquired about the proposed process in the matter. Mayor Waldorf said staff was proposing referral of the matter back to staff after tonight’s hearing, with a possible Council decision on February 10^th.

Council Member Andresen said she had personally been persuaded that lot number five was a much better location for preservation of the Hudson-McDade house.

Stating that it was not a good idea to relocate the house a long way from the corner of Franklin and Columbia Streets, Council Member Capowski said he liked the idea of moving the house to parking lot number five.

Mayor Waldorf asked whether there were any impediments to relocating the house to lot number two. Mayor pro tem Brown said lot number two was not the proper place for the house. She stated that there was overwhelming support in the community for relocation of the house to parking lot number five.

Stating that the Manager had given the Council his best professional advice, Council Member Chilton said that it might not be necessary for the Council to refer the matter back to the Manager. Council Member Chilton also stated that he thought parking lot number five was the best location for the house.

Stating that the ultimate goal was to preserve the house, Council Member Evans said the best long-term relocation site for the house was parking lot number three. She stated that if the house were on this site, it would be the same scale as surrounding buildings and there would be more parking available.

Council Member Franck expressed his concurrence with Council Member Evans’ remarks. He added that locating the house on parking lot number five would potentially limit future development possibilities on this site.

Noting that he had initially supported lot number five as the site for the relocation of the Hudson-McDade house, Council Member Pavão said he recently changed his opinion on the matter. Council Member Pavão stated that over a ten year period, the total loss of revenue from relocating to lot number five would total about $100,000. Council Member Pavão expressed his support for relocating the house to parking lot number three.

Stating that she did not need to wait for more information, Council Member Wiggins said she supported relocation of the house to lot number three. Noting that she also preferred parking lot number three, Mayor Waldorf asked whether the Council wished to dispose of the matter this evening.

Noting that he and Mayor pro tem Brown lived closer to parking lot number five than the other Council Members, Council Member Chilton said that the Hudson-McDade house was part of what made the Town what it was. Stating that the house belonged in a prominent place, Council Member Chilton said lot number five was the best site for relocating the house. Expressing hope that other Council Members would change their mind in this matter, Council Member Chilton requested that Council Members support the Historic District Commission’s recommendation of parking lot number five.

Mayor pro tem Brown said she believed that relocating the house to parking lot number five would enhance future development prospects, rather than inhibiting them. She urged Council Members to approve relocation of the house to lot number five.

Reiterating his support for relocating the house to lot number five, Council Member Capowski said it was very important for the Hudson-McDade to function as close as possible to the downtown area.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO DEFER CONSIDERATION OF THE MATTER TO THE COUNCIL’S JANUARY 27^TH MEETING.

Council Member Andresen asked whether the Council could hear from the public on January 27^th. Mayor Waldorf said although this would not be a formal public forum, the Council could always receive public comment at a hearing or business meeting.

Stating that she would support the motion, Council Member Wiggins said she had warm thoughts about the west end of Franklin Street, including the lot number three area, including african-american businesses which had been located in this area twenty to thirty years ago. Council Member Wiggins said she did not mind waiting two weeks to decide on the matter.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Petitions

Planning Board Member Scott Radway presented a petition from the Board requesting a joint meeting with the Council during the first quarter of 1997. He stated that the Board wished to present its annual report to the Council and to discuss a number of other planning-related items. Mr. Radway also gave Council Members a copy of a recent newspaper article outlining his thoughts on some planning matters.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE PLANNING BOARD’S PETITION TO STAFF FOR APPROPRIATE FOLLOW-UP ACTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT THE COUNCIL DISCUSS COMPREHENSIVE PLAN MATTERS AT THE COUNCIL’S PLANNING SESSION ON JANUARY 18^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Chet Prior, representing Chapel Hill-Carrboro City Schools, petitioned the Town for financial assistance in building a community use gymnasium at the future Southern Village school site. He noted that the estimated cost of such a facility would be about $750,000.

Noting that Orange County oversaw school facilities, Mayor Waldorf suggested that the Council refer the matter to the Orange County Board of Commissioners.

Council Member Evans noted that school system did not have to pay land costs for the southern village school site.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE ORANGE COUNTY COMMISSIONERS.

Council Member Capowski asked whether or not there had been any effort to break out estimated costs between the City and County Schools. Mr. Pryor said there had not been any such effort.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Kenneth Rudo, a resident of the Colony Lake subdivision, requested the Council’s timely assistance in resolving long-standing concerns about poorly maintained roadways and the lake in the Colony Lake subdivision.

MAYOR PRO TEM BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER THE MATTER TO THE MANAGER.

Mayor pro tem Brown asked when this matter could come back before the Council. Mr. Horton said he believed that this matter could be back before the Council within 30 days. Council Member Andresen encouraged staff to be as aggressive as possible in this matter.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Items 4.1 and 4.2 Consent Agenda and Information Reports

Council Member Franck requested removal of item f. Council Member Andresen requested removal of items a and d.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS A, D AND F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-1-13/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

a. Minutes of October 16, 28, November 4, 11, 18, 19 and 26.

b. Nominations to Housing Advisory Board, Library Board of Trustees and Downtown Small Area Plan Committee.

c. Budget amendment for bond election and other expenses (O-1).

d. Application for financial assistance for stream clearance (R-2).

e. Authorizing expedited development review of proposed Southern Village Elementary School (R-3).

f. Board and Commission term expirations at June 30, 1997 (R-4).

g. Compensation for work performed after Hurricane Fran (O-2).

h. Proposed use of drug elimination grant for public housing neighborhoods (O-3 and 4 and R-4.1).

i. Support of grant application for teen pregnancy prevention. Mayor Waldorf. (R-5).

j. Authorization to request bids for video and audio equipment to be purchased with government access funds from Time Warner Cable (R-6).

This the 13th day of January, 1997.

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996

(97-1-13/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the raising of revenue for the fiscal year beginning July 1, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Town Manager 604,348 12,112 616,450

Non-Departmental

Contingency 14,578 12,112 2,466

This the 13^th day of January, 1997

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT FOR THE SOUTHERN VILLAGE ELEMENTARY SCHOOL (97-1-13/R-3)

WHEREAS, the Town of Chapel Hill has received a request from the Chapel Hill-Carrboro City Schools for expedited review of the application for a Special Use Permit for the Southern Village Elementary School; and

WHEREAS, the Southern Village Elementary School is a public facility which will serve the interests of the community at large; and

WHEREAS, the Town desires to work with the Chapel Hill-Carrboro City Schools to provide adequate facilities in a timely manner;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application of the Chapel Hill-Carrboro City Schools for the proposed Southern Village Elementary School in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 13^th day of January, 1997.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLANS dated October 1, 1996 (97-1-13/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1996 (96-6-10/O-6) as follows:

Section VI, Overtime COMMUNIZATION:

Employees in positions determined to be "exempt" from the Fair Labor Standards Act (as Executive, Administrative, or Professional staff) will not normally receive pay for hours worked in excess of their normal work periods. These employees may be granted compensatory leave by their department heads where the convenience of the department allows. However, where authorized by the Town Manager and where the Town receives reimbursement from other agencies which could be used for payment for hours worked by exempt employees, these employees may elect to receive pay or be granted compensatory leave for hours worked in excess of their normal work periods.

This the 13^th day of January, 1997.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (97-1-13/R-4.1)

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and

WHEREAS, it is in the interest of the Town of Chapel Hill to provide drug prevention, intervention and referral to treatment programs for its residents of public housing; and

WHEREAS, the Department of Housing and Community Development's Drug Elimination Plan was approved by HUD in the amount of $167,978;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to accept the Drug Elimination Plan grant from the U.S. Department of Housing and Urban Development and to make all necessary assurances.

This the 13th day of January, 1997.

AN ORDINANCE TO ESTABLISH A DRUG ELIMINATION GRANT PROJECT ORDINANCE (97-1-13/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina; the following project ordinance is hereby established.

Section I

The project authorized is the Drug Elimination Grant submitted to U.S. Department of Housing and Department of Housing and Urban Development June 1996; funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development dated November 15, 1996.

Section II

The manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the agreement document(s), the rules and regulations of the U.S. Department of Housing and Urban Development (HUD), and the budget contained herein.

Section III

The following revenue is available to complete the project:

Drug Elimination Grant $167,978

Section IV

The following amounts are appropriated for the projects noted below:

Reimbursement of Law Enforcement 49,506

Physical Improvements 27,920

Drug Prevention Activities 90,552

Total $167,978

This the 13th day of January, 1997.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLANS dated October 1, 1996 (97-1-13/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

In Section IV, part C, in the Housing Department DELETE the line

Full-time Part-time

# hrs. # hrs. Grade No.

Resident Activities Coordinator 1 37.5 - - 19

and ADD to Section IV, part C, in the Police Department (Support Services) and (Investigations)

Full-time Part-time

# hrs. # hrs. Grade No.

Resident Services Coordinator 1 40 - - 20

Police Officer (Level I-IV) 1 40/42 - - 21-24

This the 13th day of January, 1997.

A RESOLUTION SUPPORTING THE GRANT APPLICATION BY THE WOMEN’S CENTER AND THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL TO THE WOMEN’S PREVENTIVE HEALTH BRANCH OF THE NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES TO FUND THE TEENS CLIMB HIGH PROGRAM (97-1-13/R-5)

WHEREAS, preventing teen pregnancy is a critical need in our community and there is a special need for prevention programs to serve low income families in public housing neighborhoods; and

WHEREAS, the Women’s Center and the Residents’ Council of Chapel Hill and Carrboro have applied to the Women’s Preventive Health Branch, Division of Maternal and Child Health of the NC Department of Environment, Health and Natural Resources for funds to establish and operate the Teens Climb High program; and

WHEREAS, the Teens Climb High program reflects the collaboration of the Women’s Center, the Residents’ Council and Volunteers for Youth; consultation with public housing families and representatives of community service agencies; and the experience of the above three agencies in serving our community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its strong support for the grant application by the Women’s Center and the Chapel Hill-Carrboro Residents’ Council to the Women’s Protective Health Branch of the NC Department of Environment, Health and Natural Resources for funding to establish and operate an adolescent pregnancy prevention program, Teens Climb High, in five public housing neighborhoods in Chapel Hill and Carrboro.

This the 13^th day of January, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO SEEK BIDS FOR VIDEO AND AUDIO EQUIPMENT (97-1-13/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to seek bids for video and audio equipment for government access purposes generally as described in the Manager’s report on this matter on January 13, 1997; and to obtain prices through bulk purchase contracts through the State as appropriate.

This the 13^th day of January, 1997.

Council Member Andresen requested that item 4.2b be included on the next Council meeting agenda for discussion.

Item 5 Appointments to Public Access Advisory Committee

Council Member Capowski moved that the Council appoint all applicants to the Committee. Council Member Andresen said some applicants appeared to be connected to the cable television industry. Noting that nine applicants lived within Town limits, Council Member Capowski said he thought that there would be a fair balance of representation on the committee. Council Member Chilton suggested the possibility of reducing the number of appointments somewhat. Mayor Waldorf said she was not sure how this would help the situation.

Council Member Andresen asked whether or not Council Member Capowski was willing to serve as a resource to the Committee. Council Member Capowski said he would be willing to do so.

THE MOTION TO APPOINT ALL TWELVE APPLICANTS TO THE COMMITTEE WAS APPROVED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS CHILTON AND FRANCK VOTING NO.

APPOINTMENTS TO THE PUBLIC ACCESS COMMITTEE

Carson Cousins, H. Spencer Everett Jr., Austin Jackson, Robert Joesting, Mary Harley Kruter, Ariana Mangum, Greg Newman, Matthew Ryan, George Snowden Sr., Annree Sumner-Mitchell, Landon Whitt Jr., and Raymond Wong.

Mayor Waldorf noted that two citizens wished to make remarks regarding the adolescent pregnancy prevention program matter adopted by the Council as part of this evening’s consent agenda. Stating that the adolescent pregnancy prevention program was an essential one, Diane Ranes and Joanne Shirer thanked the Council for their support of this program.

Item 6 Human Services Advisory Board Annual Report

Human Services Advisory Board Chair Ed Devany presented an overview of the board’s report and recommendations on human services. Thanking the Board for their detailed and dedicated work, Council Member Chilton requested that the Board think about ways in which the Town could foster human services in Orange County and ways to help human service agencies be more efficient in expending their funds. Mr. Devany said these had had been, and would continue to be, some of the board’s points of emphasis. Mayor Waldorf inquired about the board’s efforts to present polarization in the community. Stating that many agencies and organizations focused on this matter, Mr. Devany said he felt that there had been some progress on this matter.

Item 7 Proposed Estates Development

Persons wishing to testify in the matter were sworn by the Town Clerk. Planning Director Roger Waldon presented an overview of the developer’s proposal and issues relative to the application including traffic impacts and property valuation concerns. He stated that staff recommended Council adoption of Resolution A. Council Member Andresen inquired about the number of square feet in each of the proposed 240 apartments units. Mr. Waldon stated that the applicant could provide information on this matter later in the meeting.

Pat Cabarga, a neighbor of the proposed development, said she had significant concerns about stormwater runoff. Ms. Cabarga requested that the Council require the applicant to provide a more thorough stormwater management plan before approving the development request.

Marj Phillips, a resident of the Timberlyne neighborhood, stated that Kingston Drive was far too small to accommodate existing traffic and traffic from the development. A copy of Ms. Phillips’ remarks are on file in the Town Clerk’s Office.

Don Sweezy, a resident of the Timberlyne neighborhood, stated that the burden of proof relative to the value of proposed developments, was on the shoulder of applicants. Mr. Sweezy expressed concern that Town staff had declined to comment on findings that the proposed development would have negative impacts on existing property values of $10,000 to $20,000 per property. He also stated that there were legitimate safety concerns about the proposed development which needed to be investigated in detail.

Leann Neese, representing the applicant, said she would be glad to answer any questions by Council Members. Ms. Neese stated that the proposed project would not affect traffic on Kingston Drive. Stating that it was important for the Council and neighbors to keep in mind that the Estates would pay, Ms. Neese requested that the Council adopt Resolution A this evening.

Marsha Kann requested the Council’s assistance in ensuring that the proposed entrance on Kingston Drive would remain an “access only”, rather than a two-way entrance, in the future. Jim Manning said he had resided in the Timberlyne neighborhood for about eight years. Mr. Manning noted that three recent projects proximate to the Timberlyne neighborhood had not met with neighborhood opposition. He also noted that the majority of neighborhood residents were opposed to the proposed project because of its potential negative impacts. Stating that the proposed development would not be good for the Timberlyne neighborhood, Mr. Manning asked that the Council reject the applicant’s current proposal. He also asked that if the project were to be approved by the Council that it not include any access on to Kingston Drive.

Mindy Gellin stated that the traffic counts taken by the applicant during August and December did not accurately reflect the traffic situation in the Timberlyne area. She urged the Council to protect the interests of area residents without regard to the potential for litigation in this matter.

Mayor Waldorf requested that letters from three Timberlyne neighborhood residents be entered into the record of the hearing. Mayor pro tem Brown requested that an article regarding detention and stormwater be entered into the hearing record. There was Council concurrence with both requests.

Council Member Andresen inquired about the projected square footage and number of inhabitants in the apartment units. Jack Smyre said the apartments would comprise a total of 230,000 square feet, including the proposed clubhouse. Noting that the apartments would be primarily two bedroom units, with some one and three bedroom units, Mr. Smyre said it was difficult to estimate how many people would reside in the proposed apartments.

Council Member Evans inquired whether or not fire vehicle access was adequate in the proposed development. Mr. Horton said staff believed that access would be adequate if the apartment complex’s management were cooperative in addressing any concerns raised by Town staff on this matter.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER FRANCK MOVED THAT THE COUNCIL DEFER FINAL CONSIDERATION OF THE ITEM TO JANUARY 27^TH, FOLLOWING STAFF PREPARATION OF A DRAFT RESOLUTION OF DENIAL REGARDING: (1) MULTIPLE POINTS OF VEHICULAR ACCESS, INCLUDING PEDESTRIAN AND TRANSIT ACCESS AND (2) MAINTENANCE OR ENHANCEMENT OF PROPERTY VALUES. COUNCIL MEMBER ANDRESEN SECONDED THE MOTION.

Noting that the staff’s memorandum stated that the Northern Community Park would provide some recreational amenities to residents of the proposed development, Council Member Evans requested that the staff’s follow-up report contain information about requiring on-site recreation or a payment-in-lieu for recreation facilities.

Council Member Andresen asked that the staff’s follow-up report provide additional information about the adequacy of pedestrian safety measures, traffic and stormwater impacts.

Stating that he was not convinced by Mr. Heffner’s argument about existing property values not decreasing as a result of the proposed development, Council Member Capowski requested staff to comment on how property value degradations might be avoided. Mayor pro tem Brown said it was essential that the public health, safety and welfare be maintained. Council Member Pavão asked whether or not it was reasonable for the staff to bring the matter back to the Council in two weeks. Mr. Horton said although this might slip, he thought this was a viable turnaround time.

Council Member Evans requested a clarification of having the best development project possible, even though some Council Members would might vote to deny the project. Mr. Karpinos said he could advise the Council on this matter at another time. Mayor Waldorf said the Council was asking the staff to prepare a carefully thought out resolution of denial.

THE MOTION ON THE FLOOR WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 Pavilion Special Use Permit Modification

Mr. Waldon briefly reviewed the proposed conditions of approval, especially those regarding parking. He said that staff recommended adoption of Resolution A.

Council Member Capowski inquired why no spaces were being required on site, as opposed to the originally required fifty spaces. Mr. Horton said staff had never proposed a fifty space requirement. Council Member Andresen inquired what the demand for parking would be in the proposed building if there were no transportation management plan or no one rode the bus. Mr. Waldon said the normal requirement for a building this size and in this location would be one hundred parking places.

Noting that an estimated fifty parking spaces would be lost on site, Mayor pro tem Brown asked how many spaces the applicant was proposing to lease. Mr. Waldon said fifty. Mayor pro tem Brown inquired where the spaces would be leased. Antoine Puech said most spaces would be leased in an existing lot at Franklin and Church Streets.

Mayor Waldorf inquired whether one of the proposed conditions of approval was that Mr. Puech

be required to continuously lease fifty spaces if the project were approved. Mr. Horton said this was correct. Council Member Capowski asked whether it was correct that a previous proposal had included parking underneath the proposed building. Mr. Puech said this was correct, adding that this proposal had proven to be fiscally unviable. Council Member Capowski inquired about the applicant’s reaction if his organization were required to provide fifty parking spaces on site. Mr. Puech said he did not think that there would be sufficient space on site or cash flow in the project to make this workable.

Council Member Franck. Suggested that bus passes provided through the Transportation Management Plan be provided to employees at greater than a 25% discount. Mr. Puech said the applicant’s transportation management plan would be flexible and would provide incentives for people not to use their cars.

Mayor pro tem Brown asked whether Mr. Puech had additional specifics about the proposed leased parking spaces. Mr. Puech said the spaces would come from a pool of spaces which were currently leased to other persons. He added that if the spaces were available, he could easily lease an additional two to three hundred parking spaces to students. Mayor pro tem Brown asked whether it was correct that there were no definite lease agreements in place for these fifty spaces. Mr. Puech said this was correct, adding that this information would not be known until the building’s tenants were determined.

Noting that if the application were approved, the building could be in place for fifty or one hundred years or longer, Council Member Capowski asked whether Mr. Puech’s firm would be able to lease spaces for this period. Mr. Puech said his firm could be provide the parking spaces from his own pool of leased spaces.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Noting the importance of balancing between development and parking availability in the downtown area, Council Member Capowski said as a practical necessity the developers of the proposed Pavilion development would need to make some parking available for employees and patrons. Council Member Capowski said he thought that the Pavilion would be a great asset to the downtown area with on-site or nearby parking or by a payment-in-lieu for parking by the developers.

Council Member Evans inquired about the possibility of greater specificity in condition number two on page six regarding general and convenience uses. Mr. Waldon said the specific term referenced in the Town’s Development Ordinance was retail uses. Mr. Karpinos noted that

although the proposed resolution would require that parking spaces be leased, this could be modified in the special use permit in the future. Council Member Chilton inquired about the possibility of leaving it up to the holder of the special use permit about how many parking spaces to lease or make for payments-in-lieu for parking. Mr. Karpinos noted that it was possible that a payment in lieu option for parking might not exist in the future.

Noting that the Town would ultimately wind up building more parking in the downtown area, Council Member Chilton said he was not sure that fifty spaces was the right number of spaces for the proposed parking requirement for this proposal.

Council Member Andresen said that the Council need a more demanding requirement than the one being suggested by Town staff. She said that such requirements could require a comprehensive transportation management plan, rather than simply a payments-in-lieu arrangement. She also said that the Council was possibly asking for parking problems by requiring the developer to provide fifty parking spaces. Stating that a serious loss of parking spaces in the downtown area would have a negative fiscal effect on the Town’s revenues, Mayor pro tem Brown said it was very important for the Council to deal with parking related concerns as soon as possible.

Noting that it was a reasonable expectation for the Town to provide public parking, Mayor Waldorf said such arrangements did not need to result in monetary losses. She suggested that the Council possibly begin thinking about a parking plan for the downtown area.

Council Member Capowski asked whether or not it would be legal for the Town to require Mr. Puech to provide one hundred parking spaces or his property or nearby. Mr. Karpinos said that the Development Ordinance provided the Council with a number of options including on-site parking, parking within five hundred feet, a payment in lieu for parking or voluntarily have a transportation management plan.

Council Member Franck said he thought that transportation management plans were getting more effective every year.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 9A.

Council Member Chilton inquired about the existing review process for transportation management plans. Council Member Franck said that transportation management plans were reviewed by the Council on an annual basis. Council Member Chilton suggested that transportation management plans be reviewed by the Transportation Board and requiring the applicant to provide twenty spaces on site or a payment in lieu. Mayor Waldorf asked whether or not there was any way for payments in lieu to be made over time. Mr. Horton noted that the Town would not issue zoning compliance permits without the payment-in-lieu being in place. Mayor pro tem Brown inquired where Council Member Chilton suggested inserting the language regarding the Transportation Board and parking spaces or a payment in lieu. Council Member Chilton said he had not determined a specific place for inclusion of the language.

Mr. Karpinos noted that a transportation management plan was an alternative to payments in lieu for parking. Mayor Waldorf asked whether Council Member Chilton was proposing a friendly amendment to Council Member Franck’s motion. Council Member Chilton said this was correct. Stating that attempting to amend the resolution on the floor was not a good idea, Council Member Capowski suggested that the Council consider deferring action on the matter for two weeks.

Stating that the proposed transportation management plan had been developed after a lot of discussions with staff, Mr. Puech stated that requiring a $144,000 payment in lieu would make the project fiscally unviable. Mr. Puech said he could work with the Manager on a better parking ratio, rather than making a payment-in-lieu for parking.

Council Member Evans suggested that the Council take some time to decide what the Council wanted to achieve relative to parking-related requirements.

MAYOR PRO TEM BROWN SECONDED COUNCIL MEMBER CAPOWSKI’S MOTION TO DEFER ACTION ON THE MATTER FOR TWO WEEKS.

Council Member Chilton said Mr. Puech had indicated that he would prefer to speak further with staff about the proposal. Mayor Waldorf asked whether Council Member Chilton was withdrawing his proposed amendment. Council Member Chilton said he was not.

Council Member Capowski moved that the Council’s thoughts be referred to the staff, with a follow-up report in two weeks. Mr. Karpinos said this was not in order until the Council did something with Council Member Chilton’s proposed amendment.

Council Member Andresen said rather than being in the position of the Council saying to Mr. Puech “is this allright”, she preferred that the Council vote on Council Member Chilton’s suggestion of providing twenty spaces on site or a payment in lieu.

COUNCIL MEMBER CHILTON’S MOTION WAS PLACED ON THE FLOOR AND PASSED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND WIGGINS VOTING YES.

Council Member Chilton suggested that the matter be referred back to staff and the applicant for further proposals. Mayor pro tem Brown said payments in lieu did not deal with the current problem before the Council. She urged the Council to think about what it was doing overall relative to parking. Stating that parking was not one applicant’s responsibility, Mayor Waldorf said the Council needed to develop a downtown parking plan.

THE MOTION FOR THE SUBSTITUTE MOTION (REFERRAL TO STAFF) TO REPLACE THE MAIN MOTION (ADOPTION OF RESOLUTION 9A) WAS APPROVED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND FRANCK VOTING NO.

THE MAIN MOTION, TO REFER THE MATTER BACK TO STAFF AND THE APPLICANT FOR FURTHER DISCUSSION IN THE NEAR FUTURE, WAS APPROVED BY A VOTE OF 6-3., WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND FRANCK VOTING NO.

Item 10 Private Development on Parking Lot #5

Mr. Horton said he was recommending that the Council hold a hearing on this proposal. He also stated that the Council could also vote that it had no interest whatsoever in the development proposal. Council Member Evans inquired whether the proposal was the sale of some or all of parking lot number five. Mr. Horton said this was correct.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10.

Referencing the ill-fated Rosemary Square public-private partnership proposal, a major development project which was never constructed, Council Member Andresen said this matter was not one which the Council should deal with in an idle manner. She noted that many citizens felt very strongly about what was in the downtown area.

Mayor pro tem Brown said a proposal for the Town to retain ownership of the lot was not specifically set out in the staff’s memorandum. Mr. Horton stated that this evening the staff was only making a process-oriented recommendation to the Council. He added that a long-term lease was equivalent to a sale in North Carolina law. Mayor Waldorf said there was nothing before the Council this evening on this matter other than whether to have a hearing.

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC FORUM ON JANUARY 29, 1997, ON WHETHER AND HOW THE TOWN SHOULD CONSIDER SALE OF PART OR ALL OF PARKING LOT 5 FOR PRIVATE DEVELOPMENT (97-1-13/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum at 7 PM on Wednesday, January 29, 1997, for the purpose of receiving citizens’ suggestions and comments on whether and how the Town should consider sale of part or all of municipal parking lot 5 for private development. The forum will be in the Council Chamber at Town Hall, 306 North Columbia Street.

This the 13^th day of January, 1997.

Item 11 Transit Memorandum of Understanding

Transportation Director Bob Godding presented an overview of the proposed memorandum of understanding and the related formulas for calculating and allocating net costs. Council Member Evans asked whether students in dormitories would be double-counted by the Town and University. Mr. Godding said some double counting was likely.

Stating that the proposed formula would be slightly less favorable to the Town than the old formula, Council Member Chilton said the old formula may have been more favorable to the Town than the other partners. He suggested adding the word “professional students” within the proposed agreement. Mr. Horton said staff could do so.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL AND THE TOWN OF CARRBORO (97-1-13/R-11)

WHEREAS, the Towns of Chapel Hill and Carrboro and the University of North Carolina at Chapel Hill desire to establish an ongoing process to allow mutual cooperation in the operation of public transportation services; and

WHEREAS, the University of North Carolina at Chapel Hill is authorized to provide such service under North Carolina General Statute 116.44.4(m) which states "that monies received...may be used to provide bus service or other transportation systems and facilities, including payments to any public or private transportation system serving University students, faculty or employees"; and,

WHEREAS, the Towns of Chapel Hill and Carrboro and the University have worked together in providing public transportation services since the 1970s and desire to continue to work together to provide these services;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

That the Manager is authorized to execute a Memorandum of Understanding with the University and the Town of Carrboro with the terms and conditions substantially as follows:

MEMORANDUM OF UNDERSTANDING FOR

CONTRACTING, OPERATING AND COST SHARING FOR

PUBLIC TRANSPORTATION SERVICES BETWEEN

THE TOWNS OF CHAPEL HILL AND CARRBORO AND

THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

W I T N E S S E T H:

THEREFORE, the following Memorandum of Understanding is hereby entered into by the Town of Chapel Hill, the Town of Carrboro, and the University of North Carolina at Chapel Hill.

SECTION I

It is hereby agreed that the Town of Chapel Hill, hereinafter referred to as "Chapel Hill” and the Town of Carrboro, hereinafter referred to as "Carrboro”, and the University of North Carolina at Chapel Hill, hereinafter referred to as the "University", will participate in a continuing program for the operation of public transit services which will be specified in separate annual contracts for services. Collectively all parties to this agreement will be referred to as the “local partners”. Individual and shared responsibilities in this effort shall be as follows:

A. SHARED RESPONSIBILITIES OF THE TOWNS AND UNIVERSITY IN THE OPERATION OF PUBLIC TRANSPORTATION SERVICES

The Local Partners will:

I. Meet on a regular basis as part of a staff committee to monitor transit services. Review and agree to a set of service standards for the operation of this service. Review the proposed service levels, fares and budget for transit service during the winter and spring of each year. Negotiate annual contracts for public transportation services with terms in substantial agreement with the terms of this memorandum of understanding.

II. For the term of this agreement, share the local net cost of transit services in the same proportions as the population that each local partner represents of the total population of all three partners as defined below (Also see Section II).

A. The local net cost will be the total cost of providing transit services including all operating, transit planning, administrative overhead (as authorized by the Federal Transit Administration), and capital costs, less all revenues derived from the operation of the service, less all federal and State assistance received for transit support.

B. The net local cost of service will not include any cost for capital projects such as the 15/501 North Park/Ride Lot for which the local matching funding has been previously approved and budgeted.

C. The total population for all partners will be the sum of the population for each partner, to be derived as follows: for Chapel Hill and Carrboro the latest annual population figures for each municipality as published each fall by the North Carolina Office of State Planning; for the University the total of all registered graduate and undergraduate students included in the fall “Student Headcount” as compiled by the University Registrar, plus the total of all permanent full-time and part-time faculty and staff for the University and UNC Hospitals as compiled by the University’s Department of Human Resources, and the UNC Hospital’s Data Center Services, as of the first applicable payday in September. The population counts for each partner should be the latest and most accurate counts available which cover the same year.

III. During the negotiations for any service agreement, make exceptions to the population-based net cost sharing in the following situations:

A. For any new services or routes requested by a local partner, the total net operating cost of that service will be the responsibility of that partner for the first year that such service operates.

B. The cost of any lost revenue from fare-free services or those operated at less than the adopted fares for the transportation system will result in additional cost to the sponsoring local partner requesting the service. The additional cost for fare-free services will be based on the total hours of service operated on that route times the average revenue per hour for all full-fare transit services.

C. Any routes whose productivity rate (riders per bus hour for the most recently completed six month period) falls below the service standard for the transportation system, which is one-half of the average productivity rate for all other routes in the same schedule period (weekdays, evenings, weekends), should be discontinued in the following service year, or the net operating cost of such route(s) should, in the following fiscal year, become the responsibility of the sponsoring local partner(s), unless all three partners agree that such route(s) are important to the system as a whole and therefore should be maintained.

IV. Be responsible and cooperative in considering any request for service cuts for financial rather than productivity reasons. Savings from any service cuts will consist of the operating cost of such service which will be shared by all partners. It is recognized that elimination of productive services could become necessary because of the financial constraints of any individual partner.

V. Review the population-based allocation formula as part of the consideration to renew this agreement, during June of the fourth year of this agreement so that all questions can be resolved by January of the final year.

VI. Apply any Federal, State or other non-local assistance received to offset the cost of transit service.

VII. Carry over any losses or surpluses from the operation of the transportation system and incorporate such losses or surpluses in the next year’s budget for transit services.

VIII. Support the operation of public transit services consistent with the terms of this agreement and any associated annual agreements.

IX. Participate as a member of a staff committee which will meet at least quarterly to monitor the operation and productivity of the transit system.

X. Provide a recommendation to the Chapel Hill Town Council regarding the price schedule for all transit passes and tickets sold as part of the annual service contracts. After Town Council adoption of the price schedule, any partner wishing to subsidize passes for its constituents shall be responsible for paying the cost of that subsidy.

XI. Each operate at least one pass and ticket sales outlet where individuals can purchase transit tickets and passes. Maintain detailed records on the sales of passes and tickets, and submit those records, along with all revenues received from pass and ticket sales, less any sales commission included in the annual service agreement, to the Town of Chapel Hill. The funds shall be deposited in the Transportation Fund on a monthly schedule.

B. ADDITIONAL RESPONSIBILITIES OF THE TOWN OF CHAPEL HILL

The Town of Chapel Hill will:

I. Maintain a transportation department with sufficient personnel, equipment and facilities to operate the mutually agreed upon public transportation services in the community, including the federally required services to the disabled and public shuttle services to University Special Events.

II. Provide the technical expertise necessary for effective routing and scheduling of these public transportation services.

III. Provide marketing and public information services on transit operations including the preparation and distribution of public timetables and other route and schedule information.

IV. Establish fares for transit services and operate a pass sales program for transit patrons.

V. Prepare preliminary budget estimates, productivity reports and service summaries in December of each year. These document can be used by the partners for planning in advance of the Chapel Hill Manager’s Recommended Annual Budget which would be available in April and would provide the basis for negotiating annual service agreements.

VI. Apply for and obtain available State and Federal operating, planning or capital assistance for the transportation program, and operate services in accordance with the laws and regulations pertinent to the receipt of those funds.

VII. Provide a copy of the current transit service operating budget and the annual financial audit for transit services to the other partners. Furthermore, the Town agrees to meet with the University during January of each year, to evaluate the cost and effectiveness of services operated by the Town relative to the University's Point to Point and Point to Point Express services.

VIII. Provide monthly ridership reports by route and day to the other partners along with information on route overloads.

IX. Maintain a parking fee structure which promotes the use of the available public transportation services.

C. ADDITIONAL RESPONSIBILITIES OF THE TOWN OF CARRBORO

The Town of Carrboro will:

I. Operate a pass sales and public information outlet in the Town of Carrboro.

II. During the period of this agreement, not request that Chapel Hill Transit eliminate or reduce established service under this agreement with the intention of replacing that service, either directly with Town of Carrboro resources or through a subcontractor, unless such change in service is mutually agreed to by the partners.

D. ADDITIONAL RESPONSIBILITIES OF THE UNIVERSITY

The University will:

I. To the maximum extent appropriate use the public transit services under this agreement as its on-campus transit system and not support or operate separate transit services that would be in direct competition with these services, unless Chapel Hill Transit has indicated that it is unable to provide such services. Point-to-Point services, as currently constituted, operated exclusively for University and Hospital employees, students, contractors, and guests would not be considered competitive to these services.

II. During the period of this agreement, not request that Chapel Hill Transit eliminate or reduce established fixed route service under this agreement with the intention of replacing that service, either directly with University resources or through a subcontractor, unless such change in service is mutually agreed to by the partners. Furthermore, the University agrees to meet with the Town during January of each year, to evaluate the cost and effectiveness of the University's Point to Point and Point to Point Express services relative to similar services operated by the Town. This evaluation shall include a review of current year budget, prior year-end financial statement, service summaries, and ridership data for the Point to Point services.

III. Maintain a parking fee structure which promotes the use of the available public transportation services.

IV. Operate at its own cost a demand responsive transportation system for all disabled students and employees to accommodate all trips between University and Hospital buildings.

SECTION II

The parties to this Memorandum of Understanding agree that as a transition to the population based net cost sharing, the allocations will be fixed as follows for the first two years of this agreement:

· Year one allocation:

Carrboro 12.5%

Chapel Hill 46%

University 41.5%.

· Year two allocation :

Carrboro 13%

Chapel Hill and the University will share the remaining 87% in the same proportions as the population of each to the total of both populations.

· Allocation for years three to five will be as described in Section I.A.2.

SECTION III

The parties to this Memorandum of Understanding agree that the term of this Agreement shall be five years unless terminated earlier by any party. Any party may terminate their participation in the continuing transportation operation program by giving at least 180 days written notice prior to the date of termination of any annual operating contract. The termination of the Memorandum of Understanding will not affect the responsibilities established in any annual operating contract for transportation services that may be in effect at that time.

SECTION IV

Any party to this Memorandum of Understanding may request an amendment to the Memorandum by written request to the other parties. The other parties agree that they will meet to discuss any requested amendment within thirty days of receipt of such request. Amendments to this Memorandum of Understanding will be effective only after approval in writing by all parties.

SECTION V

IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized to sign the same, the Town of Chapel Hill and the Town of Carrboro by their Town Managers, and the University of North Carolina at Chapel Hill by its Treasurer/Vice Chancellor for Business and Finance.

This the day of , 1997.

TOWN OF TOWN OF UNIVERSITY OF

CHAPEL HILL CARRBORO NORTH CAROLINA

AT CHAPEL HILL

Town Manager Town Manager Treasurer/Vice Chancellor for

Business and Finance

WITNESS: WITNESS: WITNESS:

_____________________ _____________________ __________________________

This the 13th day of January, 1997.

The proposed item regarding environmental impact statements was deferred by Council consensus.

Leasing of Spaces in Parking Lot Number Five

Mr. Horton reviewed the proposal for the leasing of parking spaces to FGI, Inc. He noted that termination of the lease was possible if a one hundred eighty day notice of such termination was provided. He also said if the Council elected to move the Hudson-McDade house to parking lot number five, FGI had expressed its willingness to work with the Town to make alternate parking space arrangements. Mr. Horton said staff felt that the proposed agreement was a good one for the Town and recommended the adoption of Resolution 13.

Archie Purcell, President of FGI, Inc., said his firm had operated in the downtown area for about four years. He stated that FGI’s operated its offices for approximately sixteen hours per day and found the availability of proximate parking to be very helpful to the company’s operations.

Antoine Puech said that FGI was a strong tenant in the downtown area. He requested that the Council adopt Resolution 13.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13.

Council Member Capowski inquired whether or not FGI was current in its payments for leased parking. Mr. Horton said he believed this was the case. Referencing fairness and equity concerns relative to parking space availability, Council Member Capowski inquired about the proposed provisions which would provide an additional sixty parking spaces to FGI, if available. Mr. Horton said this was part of the consideration that FGI had made in agreeing to a higher rental payment for the lease of parking spaces. Council Member Pavão inquired about the possibility of changing the location of parking in lot number five, i.e moving the parking to the Franklin Street side. Mr. Horton said this would be difficult. He noted that staff had evaluated this situation and found that the current circulation of the lot was working very well.

Council Member Andresen said she shared Council Member Capowski’s concerns about fairness to other employers relative to parking space lease arrangements, especially if the Council elected to relocate the Hudson-McDade house to parking lot number five. Mr. Horton said the Town was largely at the mercy of FGI relative to the Hudson McDade house, given the current parking lease agreement for lot number five. Council Member Andresen said her point was that she did not want the Town to encounter problems down the road relative to parking lot agreements. Mr. Horton said this was why the provision regarding one hundred and eighty days for lease termination was included in the proposed agreement.

Stating that FGI was a definite asset which added to the vitality of West Franklin Street, Council Member Pavão urged the Council not to put any roadblocks in the proposed lease agreement.

RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE NEGOTIATION OF A NEW AGREEMENT AND AN AMENDMENT TO THE EXISTING AGREEMENT WITH FGI (97-1-13/R-13)

WHEREAS, the Town owns and operates Parking Lot #5 on Church Street which has both hourly and monthly rental spaces available; and

WHEREAS, FGI is leasing office property near this lot and has requested that the Town renew a long term lease of these spaces for the use of employees of FGI; and

WHEREAS, FGI has leased parking spaces in Town Lot #5 since 1994; and

WHEREAS, the Town is considering the use of a portion of Parking Lot #5 as a site for the relocation of the Hudson-McDade House;

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to:

1. publish notice in accord with State law of intent to consider entering into a lease with FGI.

2. negotiate a proposed agreement on behalf of the Town with FGI for the lease of up to 104 parking spaces at lease parking rates equal to the standard rates adopted by the Town; the terms of such an agreement will be returned to Council for consideration.

3. amend the existing agreement with FGI if necessary to accommodate the relocation of the Hudson-McDade House.

This the 13th day of January, 1997.

NOTING THAT IT WAS PAST THE COUNCIL’S AGREED UPON ADJOURNMENT TIME, COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, FOR THE COUNCIL TO CONSIDER ITEMS 16, 17 AND 4.1D PRIOR TO ADJOURNING THIS EVENING’S MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 16 Burmese Economic Sanctions

Mr. Horton said he agreed with the Town Attorney’s recommendation on this matter. Mr. Karpinos said he had considered the petition received by the Town in October and believed that

existing State laws would permit Town regulation relative to services, but not goods and services.

Margaret Howe said she hoped that the Council would join nine other cities and one state in passing full local economic sanctions against the nation of Burma. She urged the Council to pass a resolution on the matter this evening.

Council Member Capowski inquired about the meaning of the proposed resolution. Mr. Karpinos said the practical effect was the Town would generally not enter into service agreements with firms that had direct ties to the nation of Burma. Council Member Capowski asked whether there would be any negative ramifications from passing the proposed resolution. Mr. Horton said although there would be some additional work, it would not be additionally burdensome to staff.

Noting that the Council had supported economic sanctions against the nation of South Africa, Council Member Andresen said she would like to see the Council support this symbolic gesture.

Mayor pro tem Brown thanked Ms. Howe and her compatriots for bringing this item to the Council’s attention.

COIUNCIL MEMBER CHILTON MOVED, SECONDED BY MAYOR PRO TEM BROWN, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION BARRING CONTRACTING FOR SERVICES WITH BUSINESSES DOING BUSINESS WITH BURMA (MYANMAR). (97-1-13/R-16)

WHEREAS, the government of Burma (Myanmar) has prevented political participation by its citizens by means of torture, rape, forcible relocation, forced labor and slavery; and

WHEREAS, the military government of Burma has ignored the results of the 1990 elections in which many pro-democracy candidates were selected for seats in the government, has imprisoned, killed or exiled many of the candidates who were elected, has failed to convene a constitutional convention as promised in 1990, and has imposed martial law barring freedom of the press gatherings of more than five people, and labor and trade union organizing; and

WHEREAS, the system of oppression imposed by the existing military government is illegal and contrary to international law;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

1. The Chapel Hill Town Council hereby establishes a policy of prohibiting Town contracts for services with those who do business with Burma;

2. That a business supplying services to the Town shall be required to state that it, its parent, subsidiaries or franchises do not conduct business with Burma (Myanmar);

3. That this resolution shall not apply if the Town administration makes a finding both that the particular services to be supplied are necessary for the efficient operation of the Town or for the health, safety and welfare of the public. and that no comparable service is available from another source or without incurring substantial additional costs, or that implementation of this policy would be inconsistent with United States or North Carolina law.

4. That this resolution shall apply to all services solicited after January 31, 1997.

This the 13^th day of January, 1997.

Item 17 Planning Panel Final Report

Mayor Waldorf requested the Council’s support of Resolution 17b.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC FORUM ON JANUARY 21, 1997 ON THE UNC-CHAPEL HILL PLANNING PANEL’S FINAL REPORT: ASSESSMENT OF THE UNIVERSITY’S LAND USE PLANS FOR THE HORACE WILLIAMS AND MASON FARM TRACTS (97-1-13/R-17b)

WHEREAS, the UNC-Chapel Hill Planning Panel has prepared a final report which provides an assessment of how the University’s land use plans incorporate the goals and principles for the development of the Horace Williams and Mason Farm tracts; and

WHEREAS, it is appropriate that the Council receive citizen comment on the Planning Panel’s final report prior to forwarding the report to the University of North Carolina;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on January 21, 1997 to receive citizen comment on the UNC-Chapel Hill Planning Panel’s Final Report. The forum will be held at 7:00 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street.

This the 13^th day of January, 1997.

Item 4.1d Grant for Stream Debris Removal

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 2.

Mr. Horton said that Richard Terrell could answer of the Council’s questions relative to the proposed resolution.

Mr. Terrell noted that the proposed resolution only pertained to the removal of hazardous trees relative to erosion control. He added that this tree removal would only be occurring in three streams which had been routinely maintained by the Town in the past. Mayor Waldorf thanked Town staff for being alert about the availability of these grant funds.

RESOLUTION 2 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A PROJECT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR REMOVAL OF DEBRIS FROM STREAMS (97-1-13/R-2)

WHEREAS, the Town’s streams were clogged by debris as a result of Hurricane Fran in September, 1996; and

WHEREAS, the United States Department of Agriculture-Natural Resources Conservation Services provides financial assistance for 75% of the cost for debris removal of such debris under provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and

WHEREAS, the State of North Carolina has agreed to provide the required 25% local share of project costs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to sign a project agreement with the United States Department of Agriculture and subsequent change orders as necessary.

This the 13^th day of January, 1997.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting stood adjourned at 10:54 p.m.